http://www.legislation.gov.uk/uksi/2015/821/regulation/2The Nagoya Protocol (Compliance) Regulations 2015texttext/xmlenStatute Law DatabaseENVIRONMENTAL PROTECTION2022-09-23Expert Participation2020-12-31 These Regulations implement, within the United Kingdom, compliance measures for users of genetic resources or traditional knowledge associated with genetic resources resulting from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation to the Convention on Biological Diversity (“the Protocol”). The Protocol aims to promote the conservation and sustainable use of biodiversity by ensuring the benefits from the use of genetic resources and traditional knowledge associated with genetic resources are shared fairly. Regulation (EU) No 511/2014 of the European Parliament and of the Council on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union (OJ No L 150, 20.5.2014, p 59) (“the EU Regulation”) requires users to exercise due diligence that they only utilise genetic resources or traditional knowledge associated with genetic resources that have been accessed in accordance with the Protocol. Users are also required to make a declaration confirming due diligence at the final stage of development of a product. PART 1 21In these Regulations—“body corporate” includes a limited liability partnership;“civil sanction” has the meaning given by regulation 7;“compliance notice” has the meaning given by paragraph 1 of the Schedule;“the EU Regulation” means Regulation (EU) No 511/2014 of the European Parliament and of the Council on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union as it applies in the United Kingdom;“inspector” has the meaning given by regulation 9;“the Nagoya Protocol” means the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity adopted at the tenth meeting of the Conference of the Parties to the Convention on Biological Diversity on 29th October 2010 ;“non-compliance penalty” has the meaning given by paragraph 23 of the Schedule;“officer” in relation to a body corporate, means any director, secretary or other similar officer of the body corporate;“partnership” does not include a limited liability partnership;“premises” includes any vehicle, vessel, aircraft, hovercraft, tent or moveable structure;“stop notice” has the meaning given by paragraph 12 of the Schedule;“unincorporated association” does not include a partnership;“variable monetary penalty” has the meaning given by paragraph 2 of the Schedule.2In paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.3Subject to paragraph (4), terms used in these Regulations that are used in the EU Regulation have the meaning they bear in that Regulation.4For the purposes of these Regulations, the EU Regulation is to be read as though references to “traditional knowledge associated with genetic resources” include traditional knowledge described in paragraph (5).5These Regulations also apply to traditional knowledge associated with genetic resources held by an indigenous or local community that is described as such in mutually agreed terms applying to the utilisation of traditional knowledge.OJ No L 150, 20.5.2014, p. 59.Miscellaneous series No. 5/2014: Cm 8856. ISBN 9781474102919.Words in reg. 2(1) inserted (31.12.2020) by The Nagoya Protocol (Compliance) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1393), regs. 1, 2(2); 2020 c. 1, Sch. 5 para. 1(1)